Jury Nullification

[Greenguy]

First off, this is my first post here   .My curiosity has been getting the better of me so I finally decided to post instead of surf these forums.

 

I have been wondering how well this would actually work. I am not in any legal trouble <Knock on wood> but I see a lot of discussion and recommendations for this type of defense.

 

I am assuming it's not done very often because lawyers swear an oath to follow the laws as they are written and would probably lose their bar licence. I could be wrong on this.

 

But what if you represented yourself? 

1. What could the judge do to stop you from reciting the checks and balances of the constitution and a jury's right to that authority granted to the judicial branch?

2. Clearly the majority of Americans are pro-legalization. Seems your odds of a sympathetic jury would be good.

3. As far as I understand a judge cannot overturn a "not guilty" verdict.

 

Could you get a lawyer to coach you through all the legalese and paperwork while you do this?

 

Thanks in advance for your input.

[t-pain]

judge can call it contempt of court and have you jailed.

judge can call it a mistrial and get a new jury.

 

otherwise, yes jury nullification is what everyone should tell the jury about.

[Indigro]

Not having been there & only hearing about it, would seem to me rhat if facing a judge that orders no mention of medical status or compliance, then one would almost certainly be facing a guilty verdict, esp in fed court. If you bring it up, despite the gag, guilty of contempt. Okay, but if otherwise, then guilty of a felony. It's a lose-lose in a way, but the felony is a bigger loss, no?

 

I know it would cost a lot & there would be jail time. But if you had the money to keep at it, and willing to sacrifice on principle, then why not? How long can they jail you on contempt & offer no fair trial?

[trichcycler]

seems like patients don't have much money to protect their rights, while the dealers with the cash trample on them with plea bargains rather than principles.

[bobandtorey]

seems like patients don't have much money to protect their rights, while the dealers with the cash trample on them with plea bargains rather than principles.

 

 

I agree money will be needed to fight for your rights but i can say money had nothing to do with our case at all we had many Lawyers and some where great others not so much 

 

And some patients just can't take the stress 

[Greenguy]

After a bit of research it seems that modern judges are not very willing to allow overt nullification attempts. But this has only been a recent change in case law. For most of our country's history, nullification has been accepted as part of a viable defense strategy. Especially during prohibition of alcohol. It has been abused on occasion and I understand the judicial branch's trepidation for it, but so has the authority from the bench. 

[trichcycler]

I questioned a judge and his direction to us jurors concerning his rubbish of "if evidence is shown, you must find guilty" and was removed swiftly. I got nervous, but stood tall(well, not that tall really) and left confident  I would never be chosen  as a juror in that courtroom unfortunately.

 

good thing for  marijuana advocates......... holding lessons of jury nullification and its history in courts, compassion clubs, jury preps, etc. excellent thread. could we start with the inception, and lead to the demise, and right to the lies told to the jury by the system and its tools?

[t-pain]

see grassmatch, the only answer you have to give is 'yes, i could convict' and 'no, i dont believe the evidence has proven it'